Managed Pension Funds: Navigating Divorce and Retirement Changes

Divorce and household changes can be stressful, overwhelming and upsetting. One thing that can make it even more complex is dividing assets.

One of the most significant assets to consider is pensions, which often represent a substantial portion of a couple’s retirement savings. Navigating pension splitting during divorce requires a detailed understanding of legal and financial considerations to ensure fair outcomes for both parties.

This article will discuss the complexities of dividing a managed pension fund during divorce, offering insights on protecting your pension, getting valuations and understanding how pensions are split in England and Wales.

Understanding Pension Splitting in Divorce

In the UK, pensions are considered marital assets and can be divided during divorce proceedings. This process, known as pension sharing, involves legally transferring a portion of one spouse’s pension benefits to the other. There are several ways to do this, each with its implications:

1. Pension Sharing Order: This is the most common method, where a portion of the pension fund is transferred to the ex-spouse’s pension scheme. This creates a clean break and allows each party to manage their pension assets independently.
2. Pension Attachment Order: Previously known as earmarking, this method allows a portion of the pension to be paid to the ex-spouse when the pension holder starts drawing benefits. However, this does not provide a clean break as the ex-spouse’s benefits are dependent on the pension holder’s decisions.
3. Pension Offsetting: This involves balancing the value of the pension against another asset, such as the family home. This method can be beneficial when one party wishes to retain their pension intact.

How Are Pensions Split in Divorce UK?

When splitting pensions in the UK, several legal guidelines need to be followed.

The starting point is to arrange a pension valuation, often called a Cash Equivalent Transfer Value (CETV), which provides an estimate of the pension’s worth. This valuation is essential in determining the portion of the pension fund that will be transferred. It also plays an important role in pension fund management during divorce proceedings.

Several factors influence how pensions are divided:

• Length of the Marriage: Longer marriages typically result in a more even split of pension assets.
• Contributions: The contributions made by each party during the marriage are considered.
• Needs and Circumstances: The court assesses the needs of both parties, including their income, earning capacity and standard of living.

How to Protect Your Pension in a Divorce UK

Protecting your pension through the end of a marriage or civil partnership involves careful planning and legal advice. Here are some ways you can be better prepared and informed:

• Seek Legal Advice: Speak with a solicitor specialising in pensions and divorce. They can guide you through the complexities of pension fund management during the divorce process, ensuring you make decisions that are in your best interest.
• Understand Your Pension Rights: Be aware of your rights and entitlements under the law. This includes understanding the different types of pension schemes and how they can be divided, which can vary significantly in value and benefits.
• Negotiate Fairly: Aim for a fair settlement that considers both parties’ financial needs and future security. This might involve negotiating the terms of a pension-sharing order or agreeing to offset the pension against other assets, such as the family home, to achieve a fair division.

How to Get A Pension Valuation for Divorce

Getting an accurate pension valuation is crucial in the divorce process. Here’s how to go about it:

• Contact Your Pension Provider: Request a CETV from your pension provider. This value reflects the amount that can be transferred to your ex-spouse’s pension fund, giving you a clear starting point.
• Consult a Financial Advisor: A financial adviser with expertise in pension fund management can help you understand the CETV, and they can also advise you on the best course of action, ensuring that you understand the implications for your financial future.
• Consider Additional Valuations: For complex pensions, such as those with defined benefits, further valuations might be needed. An actuary can provide a detailed analysis of the pension’s worth, helping to ensure a fair division of assets. In some cases, multiple evaluations might be required to fully capture the pension’s value.

Legal and Financial Considerations

Dealing with pensions during divorce requires an understanding of both legal and financial considerations. Here are some key things to think about:

• Pension Schemes: Different pension schemes have different rules and values. Understanding the type of pension you have is essential to determining the division and ensuring a fair outcome.
• State Pensions: The basic state pension and additional state pensions can also be subject to sharing orders. However, these are typically handled differently from private pensions, with specific rules governing their division.
• Financial Settlement: A fair divorce settlement includes more than just pension assets. It encompasses all marital assets, such as the family home, savings and investments. Balancing these assets is essential for a fair outcome that considers both parties’ future needs and financial security.

Practical Steps for Divorcing Couples

For divorcing couples, managing pension funds can seem daunting. Here are some practical steps you can take to ensure a smooth process:

• Document Everything: It’s a good idea to keep detailed records of all pension assets, including statements and valuations, as well as any correspondence related to the pensions. This documentation will be crucial during negotiations and legal proceedings.
• Communicate Openly: Communicating with your spouse about financial matters can enable a smoother negotiation process. Transparency helps build trust and can lead to more amicable agreements.
• Plan for the Future: Consider the long-term implications of any pension-sharing order. Ensure that both parties are left with sufficient retirement savings and get advice on how to manage best and grow these assets post-divorce.

Conclusion

Divorce and household changes are challenging, but with careful planning and the right advice, you can navigate the complexities of pension splitting.

Understanding how pensions are split in divorce in the UK, protecting your pension and getting accurate valuations are essential to ensure a fair financial settlement. By approaching the process with a clear understanding of legal and financial considerations, divorcing couples can reach outcomes that secure both of their financial futures.

At Beaumont Wealth, we specialise in pension fund management. Our advisers can offer expert advice tailored to your unique situation. Get in touch to find out more about how we can help you navigate the complexities of pensions and divorce.